Terms of Service

Birdzy Terms of Service
This website is owned and controlled by Birdzy Inc. (trading as Birdzy and will be referred to as “We” or “Us” throughout this document). To contact us about any information on this website, send an email to us at sales@birdzy.com.

These Terms of Service shall oversee the contents and use of the Birdzy website found at birdzy.com (herein referred to as the “Site”) and sets the Terms of Service regulating the products supplied by Us (herein referred to as the “Products”). Carefully read the Terms of Service of Sale before accessing the Site or purchasing any Products through the Site. Using this Site and/or purchasing any Products indicates that you have carefully read, understood, and agreed with the General Terms of Service. You can print a copy of the Terms of Service by clicking the print icon displayed on your browser.

These Terms of Service shall apply to all products available for sale by Us on the Site and surpass all other Terms of Service referred to or contained elsewhere or implied either by trade, costs of dealing, custom, or practice unless agreed upon in writing by Us. If you do not agree with these Terms of Service, then do not use or access the Site. Note that we can make alterations to the Terms of Service without prior notice to you and this can be done periodically. If the alterations made are not favorable to you, then you may stop the use or access of the Site. If you do not stop use or access to the Site, it is assumed that you have accepted the change.
Do not use this site in any illegal or proper manner or breach any legislative laws or licenses that apply to you. Comply with all instructions we give periodically regarding the use of the Site in agreement with the Terms of Service.

Who We Are
Anytime you purchase a Birdzy service, you will be conducting business with Birdzy Inc. which is a company founded and incorporated in Canada whose registered office is at Birdzy Inc, L415-323 Coventry Rd. Ottawa, Ontario, Canada
K1K 3X6.

1. “Buyer” refers to the person named on the order.
2. “Contract” refers to the order and its confirmation.
3. “Faulty” means the product or service contains a fault or defect rendering it imperfect or defective.
4. “Order” refers to your order purchased from the site.
5. “Order Confirmation” refers to the email sent to the buyer once the Order and Order payment has been received and confirmed by Us.
6. “Price” refers to the cost of any service or applicable taxes at the time of purchase. This may be subject to a promotional offer or discount which applies.
7. “Promotional Code” refers to any codes generated by Birdzy to offer discounts on most of its orders or products.
8. “Terms of Service” refers to standard business Terms of Service that are stated in this document.

Your Order
To place an order or make a purchase, you need to follow the Order procedure determined for the Site. All orders are subject to acceptance, either using an Order confirmation or by us and we retain the right to refuse any order or purchase made by you. The Order Confirmation contains details of the Order, its Price, and may also contain an estimate of the service delivery date or time for the Order.

If we are unable to fulfill or carry out your order after payment has been made, a refund will be made, and the contract canceled. Any dates or times stated are estimates only and may not be feasible. We continue to make reasonable efforts to ensure that service delivery occurs within the set time, but there is no liability accepted for failure to deliver within that specified time.
You may restrict an individual's Order, and/or Account, email address, or User profile or any other identifying information from making purchases on the website or otherwise contacting us if we suspect them of fraud or any of its associated activities, or other breaches of the law.

Any details provided to the Birdzy Site must be checked by the user that they are accurate. We strive to display and describe our services or products as accurately as we can on the Site, but there is no guarantee that the Order or purchase delivered or supplied would be an exact match to the digital examples displayed on the phone or laptop monitor.

To change or cancel an order, ensure you reach out to us before the repair technician is on the scene to deliver the service. If this is the case, contact us immediately by phone as emails may not get a quick response. Note that the customer care line is open on weekdays between the hours of 10:00 AM and 6:00 PM. We take no accountability for changing or canceling an order after it has been placed.
Under the General Data Protection Regulation (GDPR), customers reserve the right to delete their account, thereby removing all personal data stored by Birdzy which is only used to fulfill an order (for more details on this, check the Privacy Policy). Once an account has been deleted, there will be no refund issuable for the order as there will be no trace of it in our system.

Property rights and rights of use
All intellectual property rights (this refers to patents, registered and unregistered trademarks and/or service marks, domain names, database rights, rights in computer programs, design rights and registered designs, copyrights, and moral rights) in and out of the Site and all the contents and material contained in the Site (herein referred to as “Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for personal, noncommercial purposes and should never be altered, reproduced, distributed, modified, copied, displayed, transmitted, sold, or republished in any form, or by any means, either as a whole or in parts. Do not remove any copyright or proprietary notices contained in the site's content.

Asides the personal identifying information covered in our Privacy Policy, any material submitted or posted on the Website shall remain non-confidential and nonproprietary. We have no obligations to such materials. We and our designees are free to disclose, use, incorporate, copy, or distribute any material or data, image, text, sound, or things embedded for any purpose.

We will not be accountable or responsible to any third party for the accuracy of the materials posted by you or any other user of the website. You are restricted from posting or transmitting material including any or all the following on the website:

1. Any threatening, seditious, offensive, pornographic, defamatory, able to cause racial hate, indecent, discriminatory, abusive, scandalous, is a breach of contract, menacing, blasphemous, inflammatory, in breach of privacy, or may cause an inconvenience or annoyance to others.
2. Any materials for which you have not obtained all pertinent licenses and/or approvals by the Copyright holding body.
3. Any that creates or inspires any conduct that might be a criminal offense, give rise to a civil charge, is contradictory to the law, or invades the rights of any third party, anywhere in the world.
4. Any harmful material (not restricted to Computer viruses, Trojan horses, logic bombs, worms, corrupted data, harmful components, or other malicious software that can cause technical harm to the system).
5. Do not misuse the website in any way (not limited to hacking into the website), or interfere with another person's use or access to the website, or try to gain unlicensed or unlawful use of the website or the data stored in a server, computer, or database connected to the website. Do not attack the website using a denial-of-service attack or a distributed denial-of-service attack. Any breach of this would result in a criminal offense under the Computer Misuse Act of 1990.

We retain the absolute rights to determine if any visitor material or conduct is likely to cause a breach in security or misuse of the websites by you or any other user, and further access to the website will be denied.

We shall completely liaise with any law enforcement agencies or authorities or court orders that direct us to diverge information or trace anybody that is in breach of any of the clauses stated above.

If you believe your content has been copied in a way that constitutes a Copyright and/or trademark breach or infringement, contact us as soon as you can.

Representation and Warranties
You represent and warrant that you are the owner of the content submitted by you and that the content does not violate any property rights, intellectual property rights (such as copyrights and trademarks), or any other rights of other people. You also acknowledge that no disputes are outstanding that connect your contents or any part of the contents with a property right, intellectual property rights, or any other rights violation.

Site Access
We strive to ensure that this Site is available 24 hours a day, but we may not be held responsible for any unavailability or inability to access the Site at any point.

Price, Payment, VAT, and Currencies
All prices are inclusive of VAT. The VAT is based on the final value of the Order placed and the current rate in the United Kingdom. Payment must be made at the time of order placement and the Order must be accepted by us. Payments in full will be taken at this time and the Contract will be in full force. We cannot accept, and herewith exclude ourselves to the fullest extent permitted by the law from any liability that arises from or is connected to your use of the third-party payment provider.

You agree that all details provided to Us for Order and its delivery are accurate and the chosen payment method is your property. Ensure there are sufficient funds or credit facilities that will enable full coverage of the Order costs. The Site accepts payments in Great Britain Pounds (GBP), United States Dollar (USD), and Euro (EUR). Choose your preferred currency at checkout before making payment.

The place of delivery of your Birdzy service or product will be displayed on the Confirmation Page and the Order Confirmation email sent to you.

Failure to be at home at the time of the service delivery on the date and time selected at the checkout by you will result in no obligation for a refund of the price by Birdzy.

Promotional Codes
Promotional codes allow you to make some monetary savings at the time of ordering by applying a code to the Order placed with Birdzy.
1. Promotional codes cannot be backdated or applied to orders that have already been placed.
2. Birdzy does not take responsibility for a purchase made using wrongfully applied discount codes.
3. Birdzy retains the right to decline acceptance of any Order where a promotional code selected is unacceptable for the Order placed.
4. Birdzy retains the right to change its Terms of Service at any time.
5. Promotional codes are valid for a precise product or service and can be removed at any time.
6. There is only one promotional code allowed per order.
7. In the case of any product with a return, refunds must be made according to the amount paid after the discount was applied.
8. Promotional codes do not have cash value, and therefore cannot be exchanged for cash.
9. Promotional codes are limited to a single order unless otherwise specified.

Returns, refunds, and rights of cancellation
You retain the right to cancel an order in any of the following circumstances:
1. If Birdzy fails to deliver the order within twenty-eight (28) working days after order placement. Ensure you have made contact within 60 days of Order placement for this to apply.
2. In the case of a faulty or defective Birdzy service or product delivery, return the product at the earliest opportunity after the first detection, provided you have inspected the Order as soon as it was delivered. It should be longer than 14 days stated on the receipt.

If an Order is canceled based on either condition stated above, we are responsible for refunding the amount paid for the Order in question. Notice of desire to cancel any order should be made via email to sales@birdzy.com. Refunds cannot be given if the fault is because of the buyer’s action such as providing incorrect or incomplete address details or imputing incorrect recipient contact information.

Under the General Data Protection Regulation (GDPR), customers retain the right to delete their accounts thereby removing any personal data held by Birdzy for fulfilling Orders (for more details on this, see Privacy Policy). If a customer has deleted their account, a refund cannot be made for any Order as there will be no trace of the Order in the system.

Links, Third-Party Websites, and Purchases
This site contains links to websites operated by third parties that are not controlled by the Terms of Service and privacy policies of Birdzy. The websites are included for your convenience and there is no warranty or representation by Birdzy for any website accessed from the Site.

We warrant that any services or products purchased from Us using the Site are of high quality and are fit for the purposes for which this service or product is intended. To the fullest extent permissible by the applicable law, we renounce all conditions, statements, representations, and warranties, either implied or expressly written either by common law, statutes, custom, or otherwise.

Liability because of a breach of contract is restricted to the net purchase price of the products purchased (excluding taxes). Nothing in these Terms of Service excludes Us from:

1. Death or personal injury caused by our negligence.
2. Any liability not excluded under the applicable law.
3. Any loss suffered because of your dependence on any deceitful misrepresentation made by Us to you.

We are not liable for any losses, cost, expenses, or damages including loss of profit that arise directly or indirectly from failure or delay in performing any responsibility stated in the Terms of Service because of an occurrence or circumstance outside our control including, but not limited to, government action, strikes, failure of power supplies or equipment, industrial action, or an act of God.

You consent to indemnify us against all claims, expenses, and liabilities arising from or in connection with a breach of the Terms of Service of Birdzy by you or through your Birdzy account.

We reserve the right to remove the Site or stop all service access to the Site at any time using our sole discretion and for any reason, we deem fit. We can also terminate your access to the Site for any reason at our discretion and without prior notice to you.

Data Protection and Privacy
We only use this personal information gathered from you following our Privacy Policy. This Policy is an essential part of the Terms of Service and it is required that you read and understand it correctly. By accepting these Terms of Service, you accept and consent to our Privacy Policy as well.